Dáil Éireann Debate, Tuesday - 24 July 2018
1893. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the sanctions or penalties applied when a complaint by a farmer in respect of an inspector is upheld; and if he will make a statement on the matter. [32498/18]
Amharc ar fhreagraIn responding to this question I initially wish to state that the Deputy’s Office provided the following clarification in relation to the question being asked:
If a farmer is penalised after an inspection and appeals it and is successful:
1. Are the penalties dropped?
2. What sanction is put on the inspector following a successful appeal?
A farmer that is dissatisfied with the findings of the Department regarding a claim may appeal to the Agriculture Appeals Office, which is an office completely independent of my Department. Appeals submitted to the Agricultural Appeals Office may be upheld, partially successful or disallowed. The Appeals Officer independently considers the grounds of appeal which may include, for example, additional information/documentation that was not provided at the time of the original inspection process; the conduct of the inspection; the outcome of the inspection; and any sanctions/penalties that applied. Having considered all matters relating to the appeal, the Appeals Officer makes their decision.
My Department implements the decision of the Appeals Officer and will arrange to issue any monies outstanding to the farmer as a result of the decision. Where my Department considers that the decision of the Appeals Officer is contrary to the governing EU Regulations or not in compliance with a scheme's terms and conditions, a decision may be made to appeal the decision to the Director of the Appeals Office.
As outlined above, the outcome of any appeal is predicated on numerous factors. Therefore, where the Appeals Office finds in favour of an applicant, that does not of itself constitute grounds for action regarding an inspector.
In the event that a complaint is made regarding alleged misbehaviour or misconduct of any officer of my Department, this is dealt with by the Quality Services Unit. Full details for contacting the Unit are available on my Department's website and it is the point of contact for any farmer with an issue relating to alleged misconduct by a Department staff member. The complaint will be investigated and, if upheld, any disciplinary matters arising will be dealt with in accordance with the Civil Service Disciplinary Code. This code applies to all civil servants.
